The above-captioned case was scheduled for hearing on July 13, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Preiss, Richard, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Frank Dunton and Michael Morin of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard and Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 9, 2007 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the July 13, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the May 9, 2007 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the July 13, 2010 hearing on this matter, the Board was advised that the Applicant would provide this facility with an approved local fire alarm system.  In light of the Applicant's agreement to voluntarily provide this facility with a local fire alarm system, the Board grants a variance on the existing separation of this facility as more fully outlined in item 9 below.  Accordingly, the Board hereby grants the Applicant a time variance for the installation of a fire alarm system as follows.  The Applicant shall have thirty (30) days from the date of this decision in which to present the Woonsocket Fire Marshal's office with a plan of action for the installation of a fire alarm system.  The Board hereby grants the Applicant an additional 120 days in which to install the above fire alarm system at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  Finally, the Board hereby authorizes the Woonsocket Fire Marshal's office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above to correct deficiency 3 by providing approved carbon monoxide detection in the residential unit of this facility.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide this facility with approved smoke detection in the residential section of this facility.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by properly mounting the gas-fired heater in the residential unit of this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing additional fire protection around the existing exhaust hood of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 within the timelines established in item 1 above by rendering non-operable the cited window located within ten feet of the exhaust hood of this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	8.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 8 by providing this facility with an approved key access box installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	9.  In light of the Applicant's agreement to voluntarily provide this facility with an approved fire alarm system and pursuant to the Board's understanding that the kitchen of this facility is horizontally separated from the residential units by a double 5/8" ceiling covering the kitchen area, and the fact that the kitchen equipment is further protected by proper extinguishing equipment, the Board hereby grants a variance in order to allow the Applicant to maintain the existing separation between the restaurant and the residential unit of this facility.  The Board hereby grants the Applicant a time variance as outlined in item 1 above for the correction of all remaining penetrations between the occupancies of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].